State v. Alexander.
Supreme Court of North Carolina
From Wilkes. This was an indictment against the defendant for per-, jury, alleged to have been committed on the trial of a warrant by a magistrate. The defendant, on the trial below, before Nash, Judge, was convicted, and moved for a new trial on the ground that the oath alleged to be false was coram nonjudice, as the warrant was void.
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From Wilkes. This was an indictment against the defendant for per-, jury, alleged to have been committed on the trial of a warrant by a magistrate. The defendant, on the trial below, before Nash, Judge, was convicted, and moved for a new trial on the ground that the oath alleged to be false was coram nonjudice, as the warrant was void. The warrant was in these words: You are hereby commanded to take the body of Randolph Alexander, if to be found in your county, and cause him to appear before some Justice of the Peace for said county, to answer the complaint of Jésse Gambill. in a plea of debt…
1Opinion
If the justice of the peace before whom the false oath was taken had not jurisdiction of the matter then in controversy, the defendant is not guilty of perjury.
The defendant Willis Alexander was sworn as a witness on behalf of Randolph Alexander, the defendant in a warrant brought against the said Randolph, returnable before a single justice of the peace, out of court, by Jesse Gambill, in a plea of debt of $45 due by open account, and four hundredweight of bar iron; and, among other things, the said Willis Alexander deposed that all the iron which had been brought or received by the said…
2Cases cited4 opinions
- State v. . GatesSupreme Court of North Carolina · 1890
- State v. . KnightSupreme Court of North Carolina · 1881
- Bell v. . BallanceSupreme Court of North Carolina · 1828
- Fentress v. . WorthSupreme Court of North Carolina · 1829